Estate Planning: Know The Right Way To Name A Guardian For A Minor Child
Are you a parent of a minor child? If so, it is imperative that you make provisions for your child as part of your estate plan—and this includes naming a guardian. As defined by the Massachusetts Court System, a guardianship is “is a legal process that gives the guardian authority to care for and to make decisions on behalf of a child. ”Within this article, our Boston estate planning lawyer provides an overview of the key things parents should know about the right way to name a guardian for a minor child in Massachusetts.
Use Your Will to Name a Guardian for Your Child(ren)
For parents in Massachusetts, appointing a guardian for a minor child is an important aspect of the estate planning process. You can and should use your Will as the estate planning vehicle through which you name a guardian for your child(ren). Why do you need to appoint a guardian? Doing so ensures that, in the unfortunate event of your untimely passing, your children will be cared for by someone you trust. If you and your spouse are together, you can both name the same guardian(s) that will only take effect if both of you pass away or are otherwise incapable of parenting.
Be Sure that You Select a Person Who is Capable and Willing
Not just any person should serve as a guardian. Further, choosing the right guardian is not just about finding someone who shares your values—it is also about selecting someone who is genuinely capable and willing to take on this significant responsibility. The role of a guardian is both an honor and a challenge. It involves caring for your children’s daily needs, making decisions about their education, and guiding them as they grow. People who are commonly selected include:
- Parents (child’s grandparents);
- Siblings (child’s aunt/uncle); and
- Trustworthy adults with whom the child has a close relationship.
Communication is Key to Effective Estate Planning
Proactive, transparent communication is one of the most essential and yet less-appreciated aspects of estate planning. Indeed, effective estate planning is built on clear and ongoing communication. It is not enough to just name a guardian in your Will. You should also discuss your plans with your family. Make sure that they truly want to accept the role. Further, many are sure that all other close family members are aware of the plan. Openly discussing your estate plan can prevent misunderstandings and conflicts later on. It also gives your chosen guardian time to prepare and think about what this responsibility means.
Contact Our Massachusetts Estate Planning Attorney Today
At Fisher Law LLC, our Boston estate planning lawyers have the professional skills that parents can trust. Have questions about guardianships? We can help. Give us a phone call now or contact us online to set up your completely confidential initial consultation with a lawyer. Our estate planning team helps parents with minor guardianship issues throughout the Greater Boston area.
Source:
mass.gov/guardianship-of-minors
